How to Serve Court Documents in Ontario: A Step-by-Step Guide
Serving court documents in Ontario is an important part of the legal process. Whether you are starting a court proceeding, responding to an existing matter, serving a notice, or delivering documents to another party, the documents generally need to be served in accordance with the applicable court rules.
Getting service wrong can cause delays, additional costs, or problems proving that the other party was properly notified.
This guide explains the basic process of serving court documents in Ontario and when hiring a professional process server can make the process easier.
Need court documents served in Ontario? Quick Serve and File provides professional process serving and legal filing support across Toronto, the GTA and Ontario.
What Does "Serving Court Documents" Mean?
"Serving" a court document means providing a copy of the document to another person or party in accordance with the rules that apply to the particular court proceeding.
Service is more than simply handing someone a piece of paper. The applicable rules may specify:
Who must be served
Who is permitted to serve the document
How the document must be served
Where the document may be served
When the document must be served
How service must be proved
What happens if personal service cannot be completed
The correct method depends on the type of document, the court, the parties involved, and the applicable rules.
For example, Ontario's Rules of Civil Procedure generally require an originating process to be served personally or by an alternative to personal service unless the rules provide otherwise.
Step 1: Identify What Document You Need to Serve
Before attempting service, identify exactly what document you are serving.
Examples can include:
Statement of Claim
Notice of Application
Notice of Motion
Summons
Small Claims Court Plaintiff's Claim
Defendant's Claim
Defence
Family court documents
Court orders
Notices
Subpoenas or summonses to witnesses
Other documents required to be served under a court rule or court order
The document itself may contain important information about the deadline and method of service.
Do not assume that every court document can be served in the same way.
If you are unsure what services are available for your particular legal documents, see Quick Serve and File's Services.
Step 2: Check the Rules That Apply
Ontario has different courts and different procedural rules.
For civil matters, the Rules of Civil Procedure contain detailed requirements concerning service.
For Small Claims Court, the Rules of the Small Claims Court apply.
Ontario's Small Claims Court guidance explains that parties are generally responsible for arranging service of their own documents and may serve documents themselves or use a private process server.
The rules also provide specific requirements for personal service, alternative service, substituted service, mail, courier and email, depending on the document and circumstances.
Why This Step Matters
A common mistake is assuming that because a document was delivered to someone, it was automatically validly served.
That is not necessarily the case.
The method of service must comply with the applicable rules.
Step 3: Confirm Who Needs to Be Served
Determine exactly who must receive the document.
The recipient might be:
An individual
A corporation
A lawyer or paralegal representing a party
A government body
A municipality
Another organization
A witness
A party located outside Ontario
The rules can prescribe different methods depending on who is being served.
This is one reason professional process serving can be useful when the identity, location or availability of the recipient creates challenges.
Step 4: Choose the Correct Method of Service
Depending on the circumstances and applicable rules, service may be completed through methods such as:
Personal Service
Personal service generally means delivering the document directly to the person who is required to be served.
For an individual, the applicable Ontario rules generally require the document to be left with the individual when personal service is required.
Personal service is particularly important for documents where the rules specifically require it.
Alternative Service
Some documents may be served using an alternative method permitted by the applicable rules.
The requirements vary depending on the type of proceeding and document.
Substituted Service
In some circumstances, a court may authorize substituted service when the required party cannot reasonably be served using the usual methods.
A court order may be required before this method can be used.
Mail, Courier or Email
Certain documents may be served by mail, courier or email when permitted by the applicable rules or an order.
The important point is that the permitted method depends on the document and proceeding.
Step 5: Consider Using a Professional Process Server
You do not necessarily have to serve documents yourself.
Ontario's Small Claims Court guidance recognizes the use of private process servers to serve documents.
A professional process server can be particularly useful when:
You live outside the area where service is required
You have difficulty locating the recipient
The recipient is avoiding service
The situation may be uncomfortable or confrontational
You need multiple attempts
You need service completed within a specific deadline
You want detailed documentation of the service attempt
You need service completed in another Ontario city
You need service outside Ontario or internationally
Professional Process Serving in Ontario
Quick Serve and File provides professional process serving and legal filing support across Toronto, the GTA and Ontario.
The company describes its process-serving network as being designed to locate, serve and document service efficiently, with routine and rush service, weekday and weekend availability, and coverage across the GTA and Ontario.
Request a Quick Quote from Quick Serve and File
Step 6: Provide the Documents and Service Instructions
When engaging a process server, provide the complete documents that need to be served along with the information needed to identify and locate the recipient.
Depending on the assignment, useful information can include:
Full name of the person to be served
Residential or business address
Workplace information
Telephone number, where appropriate
Vehicle information, where relevant
Known schedule or locations
Court file number
Date by which service must be completed
Any special instructions
Copies of the documents to be served
The more accurate information you can provide, the easier it may be to complete service efficiently.
Quick Serve and File also lists skip tracing among its available legal-support services, which can be particularly relevant when locating a recipient is part of the assignment. See the full range of services.
Step 7: Allow the Process Server to Attempt Service
A professional process server will attempt to locate and serve the recipient using the information provided and the method permitted for the particular assignment.
Depending on the circumstances, more than one attempt may be necessary.
If the person is not found at the first location or refuses to answer the door, additional attempts or investigative steps may be necessary.
A professional process server can also document unsuccessful attempts, which may become important if further court directions are required.
Quick Serve and File offers service for single or multiple targets, as well as routine and rush assignments. Learn more about its process-serving services.
Step 8: Obtain Proof of Service
Completing service is only part of the process.
You may also need evidence showing that service occurred.
In Ontario Small Claims Court, for example, service may be proved by an Affidavit of Service (Form 8A) completed by the person who served the documents.
The information recorded can include:
Who served the document
Who was served
Date of service
Time of service
Location of service
Document served
Method of service
Other relevant details
The person who served the document should make careful and detailed notes because those details may later be used to prepare an affidavit of service.
Quick Serve and File's legal-support services include affidavit commissioning and related document support.
Step 9: File Proof of Service When Required
After service has been completed, the proof of service may need to be filed with the court.
Do not assume that service is complete simply because the document was delivered.
You should check the applicable court rules and any instructions associated with your particular proceeding to determine:
Whether proof of service is required;
What form must be used;
When it must be filed; and
Whether any additional documentation is required.
Quick Serve and File also provides court filing support. If you need both service and filing handled, you can request a Quick Quote and provide the details of your assignment.
What If the Person Is Avoiding Service?
Avoiding service can make an already stressful legal matter more difficult.
A recipient may:
Refuse to answer the door
Move between addresses
Avoid known locations
Refuse to accept documents
Be difficult to locate
Work irregular hours
Live at a different address than the one provided
A process server can make repeated attempts and document the circumstances surrounding those attempts.
If ordinary service is impractical, the applicable court rules may provide mechanisms for alternative or substituted service. However, whether a particular method is available depends on the circumstances and the applicable rules.
Quick Serve and File lists skip tracing as one of its services, which may be useful when additional efforts are needed to locate a person. Explore the available services.
Do not assume that leaving documents somewhere or giving them to another person automatically constitutes valid service.
How Long Does Court Service Take in Ontario?
There is no single answer.
The time required depends on:
The type of document
The court
The deadline
The recipient's availability
The accuracy of the address
Whether multiple attempts are required
Whether the recipient is located outside the immediate area
Whether additional court authorization is required
Some documents also have specific service deadlines.
If you have a court deadline, do not wait until the last day to arrange service.
Quick Serve and File offers both routine and rush process serving, including early morning and late evening service options. Request a Quick Quote.
What Happens If Service Is Not Done Properly?
Improper service can create serious procedural problems.
Depending on the circumstances, improper or late service can result in:
Delays
Additional service attempts
Additional costs
Requests for extensions
Motions relating to service
Problems with proving notice
Other procedural complications
That is why it is important to identify the correct service requirements before attempting service.
Can I Serve Court Documents Myself?
Sometimes, yes.
Ontario's Small Claims Court guidance recognizes situations where a party may serve documents themselves or use another person or a private process server, depending on the circumstances and applicable rules.
However, self-service may not always be practical.
If you are involved in the dispute, you may prefer to have an independent professional handle service so that you can focus on the underlying legal matter.
Quick Serve and File has a dedicated page for self-represented individuals who need assistance with process serving and related legal-support services.
Process Serving for Self-Represented Individuals
Serving Court Documents Across Ontario
Court documents may need to be served outside your immediate city or region.
Quick Serve and File provides Ontario-wide process serving, with dedicated service-area pages for several communities.
If your recipient is located in one of these areas, you can learn more here: